Common use of Matters Concerning Manager Clause in Contracts

Matters Concerning Manager. If (i) the Manager shall become bankrupt or insolvent, or (ii) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate the Management Agreement and replace the Manager with a Qualified Manager pursuant to a Replacement Management Agreement.

Appears in 2 contracts

Samples: Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (FelCor Lodging Trust Inc)

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Matters Concerning Manager. If (ia) the an Event of Default occurs and is continuing, (b) Manager shall become bankrupt or insolvent, insolvent or (iic) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate the Management Agreement and replace the Manager with a Qualified Manager pursuant manager approved by Lender on terms and conditions satisfactory to a Replacement Management AgreementLender, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Matters Concerning Manager. If (ia) the Manager shall become bankrupt or insolvent, insolvent or (iib) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate the Management Agreement and replace the Manager with a Qualified Manager pursuant to a Replacement Management Agreement, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Matters Concerning Manager. If Borrower enters into a Management Agreement and (ia) an Event of Default occurs and is continuing, (b) the Manager shall become bankrupt or insolvent, insolvent or (iic) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate the any such Management Agreement and replace the Manager with a Qualified Manager pursuant manager approved by Lender on terms and conditions satisfactory to a Replacement Management AgreementLender, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates.

Appears in 1 contract

Samples: Loan Agreement (Sabre Corp)

Matters Concerning Manager. If (ia) the Manager shall become bankrupt or insolvent, or (iib) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate the Management Agreement and replace the Manager with a Qualified Manager pursuant to a Replacement Management Agreement, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Matters Concerning Manager. If (i) the any Manager shall become bankrupt or insolvent, insolvent or (ii) a material default by Manager of its material obligations occurs under the any Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate terminate, or cause IDOT Guarantor to terminate, the applicable Management Agreement and replace the applicable Manager with a Qualified Manager pursuant to under a Replacement Management Agreement, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

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Matters Concerning Manager. If an Event of Default occurs and is continuing, (ic) the Manager shall become bankrupt or insolvent, insolvent or (iid) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate the Management Agreement and replace the Manager with a Qualified Manager pursuant manager approved by Lender on terms and conditions satisfactory to a Replacement Management AgreementLender, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates.

Appears in 1 contract

Samples: Loan Agreement (Cousins Properties Inc)

Matters Concerning Manager. If (i) a Trigger Period Exists, (ii) an Event of Default occurs and is continuing, (iii) the Manager shall become bankrupt or insolvent, insolvent or (iiiv) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, terminate the Management Agreement and replace the Manager with a Qualified Manager pursuant to a Replacement Management Agreement, it being understood and agreed that the management fee for such Qualified Manager shall not exceed then prevailing market rates.

Appears in 1 contract

Samples: Loan Agreement (Medical Billing Assistance, Inc.)

Matters Concerning Manager. If (ia) the Manager shall become bankrupt or insolvent, or (iib) a material default by Manager of its material obligations occurs under the Management Agreement beyond any applicable grace and cure periods, Borrower shall, at the request of Lender and after Lender’s reasonable consultation with Borrower, cause Mortgage Borrower to cause Operating Lessee to terminate the Management Agreement and replace the Manager with a Qualified Manager pursuant to a Replacement Management Agreement, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

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